All Hands In

Non-Discrimination and Equal Opportunity Complaints

I. General Non-Discrimination and Equal Opportunity Complaints

Pursuant to Policy AC and Regulation AC-R, the District and Governing Board are committed to creating an environment where celebrating cultural diversity stimulates the awareness of others by recognizing our similarities, acknowledging our differences, and developing global respect for the values of others.

 

The District and Governing Board are committed to a policy of non-discrimination that does not discriminate on the basis of race, color, national origin, sex (including sexual orientation and transgender identity), disability, age, height, weight, marital or family status, religion, military status, ancestry, genetic information, or any other legally protected category (collectively, "Protected Classes"), in its programs and activities, including employment opportunities.

 

FILING A COMPLAINT

 

Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent's office by utilizing the Complaint Form AC-E.  If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.

 

COMPLIANCE OFFICER

 

The Superintendent (or Governing Board, as the case may be) shall appoint one or more compliance officers as needed.

 

COMPLAINT PROCEDURE

 

The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy.  Once the complaint is received, the Superintendent shall review it and allocate it to a Compliance Officer for investigation.  The compliance officer shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines.  In investigating the complaint, the compliance officer will maintain confidentiality to the extent reasonably possible.  The compliance officer shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.  The Compliance Officer shall keep the complainant apprised of the status during the investigation process.

 

If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.

 

If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing.  In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.

 

If the person alleged to have violated policy is a support staff employee, the compliance officer may follow due process and impose discipline if the evidence so warrants.  The compliance officer also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.

 

If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK, JKD and JKE.

 

If the compliance officer's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.

 

TIMELINES

 

The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.

 

Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the Compliance Officer to acknowledge receipt of the complaint in writing and commence the investigation within five (5) working days.  The Compliance Officer shall provide an estimated duration of time the investigation is expected to take.

 

If the Compliance Officer does not acknowledge receipt within five (5) working days, then the complaining party should contact the Superintendent.

II. Equal Education Opportunity Complaints

Pursuant to Policy JB and Regulation JB-R, the right of a student to participate fully in classroom instruction shall not be abridged or impaired because of race, color, religion, sex, age, national origin, and disability, or any other reason not related to the student's individual capabilities.

 

The right of students to participate in extracurricular activities shall be dependent only upon their maintaining the minimum academic and behavioral standards established by the Board, and their individual ability in the extracurricular activity.

FILING A COMPLAINT

Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent's office using Form JB-E. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.

COMPLIANCE OFFICER AND COMPLAINT PROCEDURE

The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The District's compliance officer (as appointed by the Superintendent) shall investigate and document complaints filed pursuant to this regulation as soon as reasonable. In investigating the complaint, the compliance officer will maintain confidentiality to the extent reasonably possible. The compliance officer shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.

If after the initial investigation the compliance officer has reason to believe that a violation of policy has occurred, the compliance officer shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.

If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with § A.R.S. 15-539 et seq., may be initiated.

If the person alleged to have violated policy is a support staff employee, the compliance officer may follow due process and impose discipline under the Districts Classified/Support Employment Agreement if the evidence so warrants.  The compliance officer also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.

If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK and JKD.

If the compliance officer's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.

III. Equal Employment Opportunity Complaints

Pursuant to Policy GBA and Regulation GBA-R, discrimination against an otherwise qualified individual with a disability or any individual by reason of race, color, religion, sex, age, or national origin is prohibited. Efforts will be made in recruitment and employment to ensure equal opportunity in employment for all qualified persons.

 

FILING A COMPLAINT

Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent's office using Form GBA-E. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.

COMPLIANCE OFFICER AND COMPLAINT PROCEDURE

The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The District's compliance officer (as appointed by the Superintendent) shall investigate and document complaints filed pursuant to this regulation as soon as reasonable. In investigating the complaint, the compliance officer will maintain confidentiality to the extent reasonably possible. The compliance officer shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.

If after the initial investigation the compliance officer has reason to believe that a violation of policy has occurred, the compliance officer shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.

If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. § 15-539 et seq., may be initiated.

If the person alleged to have violated policy is a support staff employee, the compliance officer may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The compliance officer also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.

If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK and JKD.

If the compliance officer's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.